Sac and Fox Company Sues Ponca Tribe in Federal Court over Construction Contract

Here is the complaint in G2 v. Ponca Tribe of Indians of Oklahoma (W.D. Okla.):

G2 Complaint

An excerpt:

5. On March 1, 2010, the Ponca Tribe executed a “Construction Loan” in favor of G2 in the principal amount of $750,000.00, with a rider that all construction should be performed at cost plus 10%.

6. G2 performed all of its obligations under the Construction Loan contract.
7. The Ponca Tribe had been substantially performing on this Construction Loan by making payments to G2 in the amount of $35,000.00 per month. See attached Exhibit 2.
8. Despite G2’s notice of default and demand for repayment, the Ponca Tribe has defaulted on repayment pursuant to the terms of the Construction Loan. Said failure constitutes an event of default pursuant to the Construction Loan. The Ponca Tribe breached its contract with G2 by failing to make payments on the principal balance, and failing to otherwise cure the default.
9. G2 has sustained damages in connection with the Ponca Tribe’s breach of contract.
10. G2 has sustained damages and costs in connection with the Ponca Tribe’s continued use of its tax license, incurring fees and monies owed (OTC Case No. P-13-037-K).

11. G2 is entitled to recover damages it has sustained, including repayment of the remaining principal balance of $350,000.00, interest which continues to accrue, plus the expenses related to filing this action and reasonable attorneys’ fees.